judgment by nil dicit
简明释义
被告不抗辩情况下的判决
英英释义
A legal judgment rendered by a court when one party fails to respond or defend against the claims made by another party, resulting in a default judgment. | 当一方未能回应或辩护另一方提出的主张时,法院作出的法律判决,导致缺席判决。 |
例句
1.The court issued a judgment by nil dicit after the defendant failed to respond, indicating a default ruling.
法院在被告未能回应后作出缺席判决,这表明这是一个默认裁决。
2.In civil cases, a judgment by nil dicit can severely impact the defendant's rights if they do not participate in the proceedings.
在民事案件中,如果被告不参与诉讼,缺席判决可能会严重影响其权利。
3.An attorney advised her client that a judgment by nil dicit could be expected if they did not file a response.
一位律师告知她的客户,如果不提交回应,可能会预期到缺席判决。
4.The plaintiff won the case easily due to a judgment by nil dicit since the other party did not show up.
由于对方没有出庭,原告轻松赢得了案件,获得了缺席判决。
5.The judge explained the implications of a judgment by nil dicit during the pre-trial conference.
法官在审前会议上解释了缺席判决的影响。
作文
In the realm of law, various principles guide the decision-making process of judges and juries. One such principle is the concept of judgment by nil dicit, which translates to 'judgment by no statement.' This legal doctrine holds significance in cases where one party fails to respond or present a defense against the claims made by another party. Essentially, when a defendant does not contest the allegations, the court may issue a default judgment in favor of the plaintiff. Understanding this principle is crucial for anyone studying law or involved in legal proceedings.The origins of judgment by nil dicit can be traced back to the early days of common law, where the expectation was that all parties involved in a dispute would actively participate in the judicial process. If one side chose to remain silent, it was interpreted as an admission of the truth of the claims made by the opposing party. This principle serves to uphold the efficiency of the legal system, ensuring that cases do not linger indefinitely due to a lack of response from one party.For instance, consider a scenario where an individual sues a neighbor for property damage. If the neighbor receives the lawsuit but chooses not to respond within the designated time frame, the court may conclude that the neighbor agrees with the claims presented. Consequently, the court may issue a judgment by nil dicit, awarding damages to the plaintiff without the need for a trial. This outcome emphasizes the importance of timely responses in legal matters, as silence can have significant repercussions.However, the application of judgment by nil dicit is not without its controversies. Critics argue that this principle may lead to unjust outcomes, particularly in situations where a defendant is unable to respond due to circumstances beyond their control, such as illness or lack of access to legal resources. In such cases, the automatic assumption of guilt may seem unfair, highlighting the need for courts to exercise discretion and consider the context before issuing a default judgment.Moreover, the principle of judgment by nil dicit raises questions about the balance between efficiency and fairness in the legal system. While it is essential to resolve disputes promptly, it is equally important to ensure that all parties have a fair opportunity to present their case. Courts often implement measures to notify defendants adequately and provide them with ample time to respond, thereby minimizing the risk of default judgments based on mere oversight or miscommunication.In conclusion, the concept of judgment by nil dicit plays a vital role in the legal landscape, serving as a mechanism to streamline the judicial process. However, it also underscores the importance of active participation in legal proceedings and the potential consequences of silence. As individuals navigate the complexities of the legal system, understanding principles like judgment by nil dicit can empower them to make informed decisions and protect their rights. Ultimately, while this principle aids in the efficient resolution of disputes, it is essential for the legal system to remain vigilant in ensuring that justice is served fairly and equitably for all parties involved.
在法律领域,各种原则指导着法官和陪审团的决策过程。其中一个原则是judgment by nil dicit的概念,翻译为“无陈述的判决”。这一法律原则在一方未能回应或对另一方提出的主张进行辩护的情况下具有重要意义。基本上,当被告不对指控进行争辩时,法院可以向原告发布缺席判决。理解这一原则对任何学习法律或参与法律程序的人来说都至关重要。judgment by nil dicit的起源可以追溯到普通法的早期,那时的期望是所有涉事方都积极参与司法过程。如果一方选择沉默,则被解读为承认对方所提出的主张的真实性。这个原则有助于维护法律系统的效率,确保案件不会因一方缺乏回应而无限期拖延。例如,考虑一个场景,一个人起诉邻居造成的财产损害。如果邻居收到诉讼但选择在指定时间内不作回应,法院可能会得出结论,认为邻居同意所提出的主张。因此,法院可能会发布judgment by nil dicit,在没有审判的情况下向原告赔偿损失。这一结果强调了在法律事务中及时回应的重要性,因为沉默可能会带来重大后果。然而,judgment by nil dicit的适用并非没有争议。批评者认为,这一原则可能导致不公正的结果,特别是在被告由于超出其控制的情况而无法回应时,例如生病或缺乏法律资源。在这种情况下,自动假设有罪似乎不公平,突显了法院在发布缺席判决之前需要行使自由裁量权并考虑背景的重要性。此外,judgment by nil dicit的原则引发了关于法律系统中效率与公平之间平衡的问题。虽然及时解决争议至关重要,但同样重要的是确保所有各方都有公平的机会来提出自己的案件。法院通常会采取措施充分通知被告,并给予他们充足的时间作出回应,从而最大限度地减少因疏忽或沟通不畅而导致的缺席判决风险。总之,judgment by nil dicit的概念在法律领域中发挥着重要作用,作为一种简化司法过程的机制。然而,它也强调了在法律程序中积极参与的重要性以及沉默的潜在后果。当个人在法律系统的复杂性中导航时,理解像judgment by nil dicit这样的原则可以使他们能够做出明智的决策并保护自己的权利。最终,尽管这一原则有助于高效解决争议,但法律系统必须保持警惕,以确保公正和公平地为所有相关方提供服务。
相关单词